SHEO KUMAR SINGH-I,J. - (1.) By means of this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs:- "A) Issue a Writ of mandamus or any other appropriate writ/order or direction declaring that as per section 33 of Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995, 3% reservation in favour of persons with disabilities distributed equally among persons suffering from blindness and low vision, hearing impaired and locomotor disability to the extent of 1% each is mandatory in all modes of recruitment including promotion for all groups of posts and consequently direct the respondents to give such reservation in promotion also to petitioner and other blind employees in the state and fill up the entire backlog of vacancies filled up by promotion beginning from 1996. B) Issue any other order or direction which this Hon'ble Court deems just and proper in the circumstances to give consequential benefits all such blind employees in this case."
(2.) The brief facts giving rise to the present petition is that the petitioner is a Society registered under Societies Registration Act, 1860 and has been established mainly with the object of the protection of the rights of blind as well as for ensuring better opportunities for their economical rehabilitation as well. With the objective that the blind and disabled have the potential to contribute in all works of life and also that they should have proper representation in the government, reservation for disabled in general and blind in particular was introduced by various State Government Order dated 20.5.1981, making a reservation of 2% for all categories of disabled.
(3.) The main allegation in the petition is that the proper representation has been ensured in all the services under the Government and reservation in promotion is made available for rehabilitation or use of potential of disabled to contribute the society by their mental and physical work. The petitioner has alleged that since India was a signatory to the Asian and Pacific Decade of Disabled Persons 1993-2002 which had the theme of "equality and full participation" parliament enacted the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This Act aimed at ensuring equality of disabled persons in all walks of life, promoting their participation and protecting their rights. This act came into force w.e.f. 7.2.1996. One of the most important provision of the aforesaid Act is in the chapter relating to the employment. As per Section 33 of the said Act, Government Establishments at all levels have to provide less 3% vacancies for the disabled out of which 1% is reserved for the blind. The aforesaid section is reproduced herein below:- " Reservation of Posts Every appropriate Government shall appoint in every establishment such percentage of vacancies less than three percent. For persons of class of persons with disability of which one percent each shall be reserved for persons suffering from- (i) blindness or low vision; (ii) hearing impairment (iii) locomotor disability or cerebral palsy, in the posts identified for each disability. Provided, that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this Section.";